Name _________________________________ Hour _________

Constitution/Government Test Study Guide

Answers may be found in the Constitution beginning on R18 in the back of your book.
Answers may be found in other sections of R in the back of your book for Supreme Court Cases
Answers may be found in the Illinois Handbook of Government which can be found online: Search Illinois
Handbook of Government and the state of Illinois has a PDF copy available.
Some answers may be found from me as I will give them, in order, during class time. I would recommend you
start at the end, because I will start at the beginning to answer some for you.
 THIS WILL BE DUE AFTER YOU TAKE THE TEST!
 IF YOU ARE HERE THE DAY OF THE TEST, THERE WILL BE A 60 QUESTION TEST. IF YOU
MISS THE TEST, YOU WILL BE GIVEN A DIFFERENT TEST WITH 80 QUESTIONS.
 IF YOU FAIL THE TEST THE FIRST TIME, YOU TAKE IT UNTIL YOU PASS IT, BUT, YOUR
HIGEST GRADE WILL BE ENTERED IN SKYWARD AT 60%.
 THIS STUDY GUIDE WILL BE A FORMATIVE ASSIGNMENT, SO IF YOU DO GET A 60%, THIS
ASSIGNMENT CAN AVERAGE OUT YOUR GRADE TO AN 80% IF YOU GET A 100% ON THIS
ASSIGNMENT.
 THE TEST WILL BE MAINLY MULTIPLE CHOICE AND MAYBE A FEW TRUE/FALSE OR
MATCHING.
 YOU MAY WORK WITH A PARTNER TO FINISH THIS AND I WILL GIVE CLASS TIME.
 THE TEST WILL BE GIVEN ON TUESDAY, APRIL 27, 2021
 Don’t be afraid to ask me for help.

1. What is the preamble to the constitution? …its purpose?

It’s a summary of the intention of the Constitution. It wanted to ensure that the people always
live in a safe and free nation. Lay out goals of our government.
2. What are the seven articles of the constitution?
a. 1st Legislative Branch
b. 2nd Executive Branch
c. 3rd Judicial Branch
d. 4th Relations Among States
e. 5th Amending the Constitution
f. 6th Debts Supremacy of Natinonal Government
g. 7th Ratification
3. What is the term for representatives?
2 years.
4. What are the qualifications for a representative?
Must be 25 years old, be a citizen for 7 years, live in the state they represent.
5. How many representatives are in the house? How is representation determined?
435. It is determined by the population of the states, and reformation act of 1929
6. Who heads the House?
The speaker of the house, Nancy Pelosi.
7. What are the powers of the House concerning impeachment?
They can accuse someone and have them impeached.
8. How is representation determined in the Senate? How many Senators are in the
Senate?
There are 100 senators, 2 for each state.
9. How long is the term of a senator?
6 years.
10. What are the qualifications for a Senator?
30 years old, US citizen for at least 9 years and live in the state they represent.
11. Who serves as the President of the Senate? When does this person vote?
The Vice President. When there’s a tie.
12. Senate in the absence of the President?
The senate’s pro tempore.
13. What is the role of the Senate in impeachments?
To hold a trial for the accused.
14. Who presides over the impeachment of a President of the U.S.?
The chief justice.
15. What is the national Election Day? Who determines the time, place and manner for
electing Senators and Representatives?
It is the Tuesday next after the first Monday in November. It is decided by each State and their
legislature, but Congress has the authority to change it.
16. What vote is needed to expel a member of Congress?
2/3 of members must agree.
17. What is the current salary for: President, Senators and Representatives?
President: 400,000
Senate: 174,000
Reps: 174,000
18. Who is the current Speaker of the House? …president pro tempore?
Nancy Pelosi is the speaker, Patrick Lahue is the President pro tempore
19. Who are the current senators from Illinois?
Tanny Duckworth and Dick Durbin.
20. Who is the representative for the 17th and 18th Congressional District?
17th: Cheri Bustos (Democrat)
18th: Darin La Hood (Republican)
21. Where do revenue bills originate?
They originate in the House of Representatives (Article 1, Section 7 Clause 1.)
22. Who must pass and/or approve all bills?
The senate, the house, and the president can shoot it down or approve it.
23. What vote is necessary to override a veto?
A 2/3 majority vote in house and senate.
24. What happens to a bill presented to the President if it isn’t signed within ten days?
It becomes a law unless Congress has been adjourned in those ten days, then it becomes a
pocket veto.
25. What is a pocket veto?
The president cannot return the bill to congress and congress cannot override it. Congress has
adjourned. So the bill does not become law.
26. What powers are granted to congress under Article 1 Section 8?
It gives congress the power to use its other powers, known as the necessary and proper clause
or elastic clause.
27. What is the elastic clause? What is the necessary and proper clause?
They are the same thing and it gives the government the implied powers to carry out its duties
and use its other powers. Gives Congress the implied powers to deal with matters not
specifically mentioned in the constitution. By custom, overtime, this has allowed Congress to
pass laws without amending the constitution.
 28. What is habeas corpus? When may it be suspended?
It is a writ that requires a person under arrest to be brought before a judge or into a court in
order to face their charges. It can be suspended in cases of rebellion or invasion.
29. What is a bill of attainder?
It is an act of legislature that declares someone guilty of a crime usually without trial.
30. What is ex post facto?
It is a law that applies to crimes that happened before it was a crime to do so. Criminalizes an
action that happened in the past but was legal at the time.
31. According to the Constitution, how can I become a queen? Where did you find the
answer to this in the Constitution?
You cannot, as no title of nobility shall be granted as stated in Article 1 section 9 clause 8.
32. What powers are denied to the states in the Constitution?
States cannot make treaties or agreements with foreign nations, states, or countries.
States cannot tax imports leaving or entering their state.
No states can keep troops or military force or enter in agreements with another state or engage
in warfare. Unless they are being invaded.

33. What is the term of the President of the United States?

4 years. 2 years to finish term on the death of a president for a total of 10 years theorietically.
34. How are electors determined?
They are chosen by their state. 538 electors. Senators plus House members, plus district of
columbia.
35. What are the qualifications for President of the United States?
You must be a natural born citizen, 35 years old, and have lived in the US for the past 14 years.
36. What are the powers of the President concerning the Army, Navy, militia, etc?
The president is the commander and chief of the Armed forces in the US. The president has
almost unlimited control when concerning the armed forces.
37. In what instance does the Constitution forbid the President to pardon individuals?
Only in cases of Impeachment.
38. What is the role of the President and Senate concerning treaties?
The president can make and sign a treaty, but the Senate must agree with 2/3 majority vote.
39. What offices may the president appoint people to with the consent of the Senate?
Supreme Court Judges, Ambassadors, all Officers of the US, Heads of Federal Departments,
public Ministers, and Consuls.
40. What contact does the Constitution require concerning the President and Congress?
From time to time, the President is required to give a State of the Union address.
41. What is impeachment?
It is the removal of a person from office because of a crime committed. Charges are brought up
against the person, and then they are tried for those charges.
42. What constitutes ground for impeachment of a President?
Treason, bribery, or other high crimes and misdemeanors.
43. Who is the current President of the U.S.? . . . Vice-President?
Joe Biden and his Vice president is Kamala Harris.
44. Other than the Supreme Court, what other courts are named in the Constitution?
Only the Supreme court is specifically mentioned, although it opens the opportunity for lower
inferior courts to be created by Congress.
 45. What judicial powers exist for the courts in the United States?
The right to hear a case between the government, individuals and private parties.
Jurisdiction- Authority of the court to decide and pronounce a judgement and carry it into
effect between persons and cases.
Judicial power confers on federal courts the power to decide a case and to render a judgement
that conclusively resolves a case.
To issue writs in aid of Jurisdiction when authorized by statute.
Judicial review ( Supreme Court only)- Decide constitutionality of an act of government.
46. What is original jurisdiction?
It is the court’s power to hear and decide a case for the first time.
47. For which cases does the Supreme Court have original jurisdiction?
For cases that involve 2 or more states, issues that took place at sea, and controversies to which
the US is a party.
48. What is the total membership of the Supreme Court?
There are 8 Associated Justices and one Chief Justice for a total of 9.
49. Who is the current Chief Justice of the Supreme Court?
John G Roberts Jr.
50. According to the constitution, when is the only time a person may be tried for treason?
Only when waging war against the US or aiding its enemies, and only when there are two
Witnesses to the same overt Act, or on open Confession in court.
51. What must the government produce to convict someone of treason?
Two witnesses or an open confession.
52. In which article and section will one find the “full faith and credit” clause? This clause
requires states to give recognition to the laws made and judicial decrees rendered in
other states. Example: Marriages legally acquired in one state are valid in all other
states.
Article IV, Section 3, Clause 2
53. According to Article 5, what governmental bodies may propose amendments?
Either the House or the Senate.
54. What is the Supremacy Clause?
It is the Clause that ensures the US would pay off all of its debts made before the
Constitution’s ratification, and it ensures the federal is prioritized before the state laws.
55. Which article dealt with ratification of the Constitution? How many states were
required for ratification?
Article VII and 9 States were needed.
56. What is the Bill of Rights? When were they ratified?
The bill of rights are the first ten amendments stated in the Constitution that are granted to all
US citizens.
57. What are the main ideas behind the following amendments?
a. First: Freedom of speech, press, and religion.
b. Second: The right to own firearms.
c. Third: Soldiers are not allowed quarter into your home in peacetime or in
wartime without the consent of the owner.
d. Fourth: Warrants of search, arrest, and seizure are required by the court before
they can be carried out by the police.
e. Fifth: Gives rights to the accused.
 f. Sixth Right to a fair trial
g. Seventh Rights in civil courses
h. Eighth Fines Bails and Punishments
i. Ninth Implied rights
j. Tenth State powers
k. Thirteenth Slavery ban
l. Fourteenth Citizenship, Voting rights, rebels banned from office
m. Fifteenth African American voting rights and citizenship
n. Sixteenth Income tax
o. Seventeenth Election of Senators
p. Nineteenth Women’s voting rights
q. Twentieth Terms of the President and Congress
r. Twenty-sixth Voting age lowered
58. What was the Articles of Confederation?
They were the rules of government set up for the first United States government.
59. Why was it necessary to abandon the Articles of Confederation?
The central government had very little power, and the states had too much power.
60. What is a social contract?
A social contract is a concept that all citizens in a society give up certain freedoms in order to
reap the benefits of society, like security, opportunity, support, etc.
61. What is a democracy?
It is a form of government that allows the people to elect its leaders and vote directly on issues.
Power is in the hands of the governed.
62. Describe the Great Compromise.
It was an agreement that small and large states agreed to for representation in government. The
house was represented by population, the Senate had equal representation regardless of
population.
63. What was the purpose of The Federalist? Who wrote the essays?
They were written to urge people to vote yes on the Constitution. They were written by
Alexander Hamilton. John Jay, James Madison.
64. What goals were laid out in the Preamble to the U.S. Constitution?
1. Create a union where the states work together.
2. Make a fair court system and laws
3. Keep peace within the nation
4. Safeguard the country against attacks
5. Contribute to the happiness and well-being of the people.
6. Make sure future citizens remain free and rights protected.
65. What is the purpose of the legislative, executive and judicial branches?
Legislative: make laws
Executive: enforces laws
Judicial: interpret laws
Each branch keeps tabs on each other to ensure none of them gains too much power.
66. What is federalism?
A concept where power is divided between a national government and other units of
government.
67. What is separation of powers?
A concept that divides power between different branches or sects so no sect gains too much
power. In the US it’s divided between the Legislative, Executive, and Judicial branches.
68. What are checks and balances? Examples
They are the powers each branch of government has over one another to ensure no one side can
gain too much power. Congress can pass a law, but the President can veto it. Congress can
override that veto with 2/3 majority vote. The president can choose Supreme court Justices but
they muse be approved by Congress and once in power, no one can remove them.
69. What is the purpose of the “Elastic Clause”?
It is the clause that gives the government it’s implied powers to carry out its duties or fulfill its
other powers.
70. What cities have served as our nation’s capital?
Philidelphia
New York
Washington DC
71. What is the State of the Union address?
It is the statement the President gives Congress about the state of the union.
72. What is an executive order?
A means that the president issues directives in the US. Has the effect of a law.
73. What is executive privilege?
The privilege the president has to withhold information for public interest.
74. When is inauguration day?
It is the day the President elect is officially sworn in the office of President.
75. Why is it necessary to reapportion the Congress?
It means to redistribute seats in the House because state’s populations change over time. To
make sure representation is equal.
76. There are __435__ members in the House of Representatives and _100__ Senators.
77. What is a gerrymander?
It’s when a group tries to change a voting district or boundaries to give them an edge or hurt an
opponent.
78. What is pork-barrel?
It means to use government spending to please voters or legislators and win votes.
79. What is the purpose of the Electoral College?
The electoral college is the system the US uses to elect president. The people vote for the
electors and the electors vote for president. It is in place to prevent the “tyranny of the
majority.”
80. How does the War Power’s Act restrict the power of the executive branch?
It requires that the President notify Congress within 48 hours of committing armed forces to
military action and forbids armed forces from remaining for more that 60 days without
Congressional approval or a declaration of war.
81. What is the importance of Marbury v Madison?
It established the concept of bill, the power the SC has too declare laws unconstitutional.
McCulloch v Maryland Expanded Congress’s ability to use its implied powers.
Brown v Board of education reversed the Plessy v Ferguson decision
Plessy v Ferguson Ruled that separate but equal facilities for African Americans are
constitutional
Roe v Wade Established a woman’s legal right to an abortion under certain circumstances.
Upheld a woman’s right to privacy
Escobedo v Illinois Criminal suspects have a right ot counsel during police interrogations
Miranda v Arisona Declared that if accused persons have not been informed of their right to
remain silent, then any statements they make may not be used as evidence against them.
Tinker v Des Moines Ruled that schools would need to show evidence of possiblity of
substantial disruption before a studetns’ free speech at school could be limited
Texas v Johnson Ruled that state law against flag burning was an unconstitutional limit on
freedom of expression
82. Describe the following opinions which may be rendered by the Supreme Court:
majority opinion, dissenting opinion, and concurring opinion.
Majority: Court’s overall decision and reasoning
Dissenting: Disagreeing with overall ruling
Concurring: Agree with decision but for a different reasoning.
83. What is judicial activism? . . . judicial restraint?
Judicial activism: courts should go beyond the applicable law to consider broader societal
implications of its.
Judicial restraint: The concept of limiting the use of the supreme court’s power.
84. What are civil liberties? . . . civil rights?
Rights are individual rights that belong to a citizen or member of a society regardless of race
sex or national origin, to receive equal treatment under the law. Liberties are constitutionally
based freedoms found in the first amendments of the constitution.
85. What is procedural due process? . . . substantive due process?
Procedural due process refers to when the government revokes someone’s civil rights they
must be given notice. Substantive due process is when due process not only protects certain
legal procedures, but also protects certain rights unrelated to the procedure. Ensures the laws
are fair to everyone

86. What is naturalization?

It is the process by which US citizenship is granted to a lawful permanent resident after
meeting the requirements.
87. Who is the current governor of Illinois?
JB Pritzker
88. What are the duties of the governor?
They are responsible for implementing state laws and overseeing the operation of the state
executive branch.
89. Purpose of the Attorney General?
A legal adviser to and legal representative of state agencies.
90. Purpose of the Secretary of State?
The President’s foreign affairs adviser.
91. When was the current Illinois Constitution ratified?
The first one was ratified in 1818. The most recent one was ratified in 1970.
92. What is eminent domain?
93. What rights are guaranteed under Article I Sections 18, 19, and 20 of the Illinois
Constitution.
a. 18 No discrimination on the basis of sex.
 b. 19 No discrimination against the handicapped.
c. 20 Individual dignity. Protected against inappropriate portrayals.
94. What are the voting qualifications for citizens of Illinois?
You must be 18 years old, and a resident of your precinct at least 30 days prior to election day.
As well as certain registration requirements such as having two forms of ID present at the time
of registration.
95. When could you be denied the right to vote in Illinois?
If you are a convicted felon, or if you are currently serving a sentence.
96. What are the qualifications to serve in the General Assembly? Term of office?
Must be 21 years old, and lived in the district they wish to represent for two years prior to the
election.
97. What are the qualifications to serve in Illinois’ Executive Branch? Term of office?
25 years old, a resident of the state for three years before election
98. What courts are mentioned in the Illinois Constitution?
The supreme court, and the appellate court.
99. What are the qualifications to serve in the Judiciary of Illinois? Terms of office?
They must be a US citizen, a licensed attorney of the state, and a resident of the unit that elects
him. 10 year term.
100. What is the chief executive of a local government called?
The mayor.
101. What are the two major parties in America today?
Republicans and Democrats.